Overview · Filed: —
UPC_APP_58871/2024
OtherPreliminary ObjectionHamburg LDPreliminary objection—
This case cites
Authorities cited within the decisions on file for this case.
EPC article · 3
| Target | Legal point | Strength | Excerpt |
|---|---|---|---|
| 32 | jurisdiction of UPC over patent infringement | Binding | the UPC has jurisdiction also for claims based on personal (director) liability with regards to an alleged infringement of a European patent under Article 32 UPCA. |
| 32 | UPC exclusive jurisdiction for infringement actions | Binding | Art. 32(1)(a) UPCA, Art. 33 (1) (a) UPCA, Rule 19 RoP, preliminary objection |
| 33 | local/regional division jurisdiction based on place of infringement | Binding | the court confirmed the Hamburg Local Division's competence under Art. 33(1)(a) UPCA based on the place where the alleged infringement may occur (Germany). |
courtName.other · 1
| Target | Legal point | Strength | Excerpt |
|---|---|---|---|
| Brussels Ibis Art. 7(2) | jurisdiction over patent infringement tort claims including director liability | Binding | An alleged patent infringement is a matter of tort, delict or quasi-delict in the meaning of Art. 7 sub (2) of the Brussels I recast Regulation. |
Rules of Procedure · 1
| Target | Legal point | Strength | Excerpt |
|---|---|---|---|
| 19 | preliminary objection to jurisdiction | Binding | Art. 32(1)(a) UPCA, Art. 33 (1) (a) UPCA, Rule 19 RoP, preliminary objection |
UPC Court of Appeal · 1
| Target | Legal point | Strength | Excerpt |
|---|---|---|---|
| UPC_CoA_188/2024 | jurisdiction over internet-based infringement; place of damage | Persuasive | the likelihood of such damage arises from the possibility of using services from a website accessible within the territory of the Contracting Member State (comp. Court of Appeal, Order of September 03, 2024, CoA_188/2024). |
UPC (CFI) · 1
| Target | Legal point | Strength | Excerpt |
|---|---|---|---|
| UPC_CFI_390/2023 | director liability for patent infringement | Persuasive | The Munich local division recently decided in favor of the UPCA covering liability of intermediaries and directors (UPC_CFI_390/2023 - ACT_583273/2023). |
Cited by
Subsequent UPC decisions citing this case.
Not yet cited in another decision in our corpus.